Order 39A: Requirements as to form and delivery of pleadings, documents and notices used in civil proceedings in the Court [1]
I. Definitions
Definitions
1. In this Order:-
references to the “Clerk”, where the context so admits or requires, include reference to a member of the staff of the Courts Service assigned to the District Court for the court district and/or area concerned and for the time being authorised to receive or issue any court document on behalf of the Clerk;
“court document” includes any claim notice, pleading, notice, affidavit, or other document required by these Rules to be lodged with the Clerk in or in connection with any civil proceeding;
“digital delivery” of a court document or other document means delivery of that document by electronic means:
(i) by a digital user to the Clerk,
(ii) by or on behalf of the Clerk to a digital user, or
(iii) by a digital user to another digital user (including a digital user who is a party, or who is the solicitor for a party),
in accordance with any conditions stipulated in the manner provided in this Order;
“digital user” means:
(i) a solicitor, a firm of solicitors or a legal partnership, acting through a person authorised for the purpose by that firm or partnership, or
(ii) a party suing or defending in person,
which is or who is for the time being authorised to deliver to the Clerk and to receive from the Clerk by digital means any court document or other document which may be lodged or filed in or with the Court in or in connection with any proceedings or category of proceedings in the Court, in respect of which digital delivery is for the time being authorised in accordance with section 20 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020;
“network” means an electronic information and communications network or system maintained and supported by the Courts Service for the purposes of use by court users in civil proceedings, for the time being in use in or for the purposes of the Court, to which digital users have access, and which is used or capable of use for digital delivery;
“non-personal delivery in hard copy” of a court document means:
(a) delivery of that document in hard copy to the Clerk:
(i) by pre-paid registered post,
(ii) by pre-paid ordinary post, or
(iii) through a document exchange service accepted by the Clerk, or
(b) deposit of that document in hard copy in a box or at a facility maintained for the purpose by the Clerk,
in accordance with any conditions stipulated in the manner provided in rule 8, but does not include digital delivery;
“personal delivery” means lodgment with the Clerk of a court document in hard copy, together with any copy required and proof of payment of any court fee required (where necessary, endorsed on the court document), by attendance at the office used by the Clerk.
II. Form of documents and provision of copies
Notices in writing
2.(1) All notices and notifications required by these Rules must be given in writing, unless expressly permitted by the Court to be given orally.
(2) Nothing in this Order operates to require a document delivered in electronic form, including by digital delivery, to be printed.
Form of documents
3.(1) Any document for use in Court which is required or permitted to be filed or lodged with the Clerk by delivery in person (of a hard copy) or by delivery by post (of a hard copy) must be clearly and legibly printed or written on A4 size paper.
(2) Where a document is for the time being authorised in accordance with this Order to be filed or lodged with the Clerk by digital delivery or to be produced in digital form (in soft copy) for use in Court, such document may comprise or include:
(a) information transmitted in the form of an electronic document or other electronic data to a network (including, for the avoidance of doubt, a statement of truth), and
(b) information made available to a digital user on a network to which the digital user concerned has secure access,
which is capable of being presented or reproduced in legible form,
and any such document need not be provided in printed form, notwithstanding any other provision of these Rules.
Provision of copy documents
4. Any party who is entitled to a copy of a document which has been filed by or on behalf of another party may request such a copy from the party who filed it, and if that party fails to provide a copy, the party seeking the document may obtain a copy from the Clerk.
Provision of copies
5. Where a document has been filed or lodged by digital delivery, the party who has filed it or his solicitor may satisfy a request for a copy by providing a legible print which corresponds entirely in its content with the digital original document, or by providing a certified copy of such a legible print.
Copy certified by Clerk
6. The Clerk may certify a copy of an original document or a legible print of a document which has been filed by digital delivery.
III. Lodgment or filing of documents by personal delivery
Personal delivery at office
7. Lodgment or filing of documents may be effected by personal delivery during the hours at which the public office at which the Clerk conducts business is open to the public.
IV. Lodgment or filing of documents by non-personal delivery in hard copy
Conditions for non-personal delivery in hard copy
8.(1) The Clerk may stipulate conditions, to be published in such manner as the Clerk may approve, subject to which non-personal delivery in hard copy of a court document may be effected.
(2) Such conditions referred to in sub-rule (1) may be particular or general, and may include a requirement for the discharge of the expense of returning any court document, or copy of such document, by particular means to the person who has delivered it. Where no such conditions are for the time being stipulated, the existing practice shall continue to be used.
(3) Where a provision of these Rules requires or authorises a party or person to lodge or file any court document, such lodgment or filing may be effected by non-personal delivery in hard copy in accordance with any condition stipulated for that means of non-personal delivery in hard copy.
Additional requirements for non-personal delivery in hard copy
9.(1) Where any court document is authorised to be lodged by non-personal delivery in hard copy:
(a) the court document must be accompanied by such document, if any, as is required under any conditions stipulated concerning non-personal delivery in hard copy in accordance with rule 8;
(b) where payment of a court fee is chargeable in respect of the lodgment of the court document, the court document shall not be used unless and until payment of the applicable court fee is recorded by a means for the time being authorised for the recording of the payment of a court fee;
(c) the date of lodgment of the document is, unless the contrary is proven, deemed to be the date of lodgment recorded in any record kept for the purpose by or on behalf of the Clerk and such date may be endorsed on the court document and any copies by or on behalf of the Clerk;
(d) for the purpose of fixing the return date of any notice of application (or other originating document or notice of motion requiring a return date) lodged for issue by non-personal delivery in hard copy, a period of four days must, in any case in which service is necessary, be allowed, subject to the provisions of any order of the Court in that regard;
(e) there must be delivered with any court document lodged by non-personal delivery in hard copy so many copies of that document and such other documents as would be required on the personal delivery of that court document.
(2) Where a court document, having been issued, has been returned to the party or person who lodged it for issue by non-personal delivery in hard copy, and that court document is not received by that party or person within a reasonable time after it is sent,
(a) the Clerk concerned may, at the request of that party or person, furnish to that person -
(i) a copy of any duplicate or copy of the court document concerned retained by the Clerk, with a certificate endorsed thereon confirming the issue of the court document to which the duplicate or copy relates;
(ii) a certificate as to any record made of the issue of the court document concerned, and
(b) the party or person may, subject to and in accordance with any order or direction of the Court, proceed on a copy of the court document certified in accordance with paragraph (a)(i) or, where the Court so permits, a copy of the court document lodged for issue, certified by the party who lodged it or his or her solicitor to be a true copy of the court document lodged, and a certificate given in accordance with paragraph (a)(ii).
Exception where documents required to be delivered by personal delivery
10. The provisions of rules 8 and 9 do not apply to any class of court documents or documents in respect of which the President of the Court has by Practice Direction directed or the Judge has directed must be lodged by personal delivery.
V. Lodgment or filing of documents by digital delivery
This Part prevails where digital delivery is concerned
11.(1) In the event that any conflict arises between the provision of any rule of this Order and any other provision of these Rules, the provision of the rule of this Order will, in respect of the digital delivery of any document, prevail.
(2) The provisions of this Order are without prejudice to the use of and permission of access to any network used for any purpose not regulated by these Rules.
Authorisation of digital delivery of court documents or documents
12.(1) Having consulted with the Chief Executive Officer of the Courts Service the President of the Court may, from time to time, by Practice Direction, authorise (including on a temporary or trial basis) the use of digital delivery by or in respect of any:
(i) category or class of proceedings or of applications within proceedings, either in any specified court district or districts (and/or court area or areas) or generally;
(ii) category or class of documents, either in any specified court district or districts (and/or court area or areas) or generally;
(iii) category or class of parties, legal representatives and/or other persons interested in proceedings (in this rule a “court user”), either in any specified court district or districts (and/or court area or areas) or generally.
(2) Unless otherwise expressly provided in such Practice Direction, where the use of digital delivery is authorised in accordance with sub-rule (1), such delivery will be an alternative to any other method by which such document could be filed, lodged, issued or transmitted by or to the party or person concerned.
(3) A network operated for the purposes of digital delivery is, for the purposes of the delivery of any court document or document to any Clerk, deemed to be operational only during the hours during which the public office at which the Clerk conducts business is open to the public.
(4) Any period when a network operated for the purposes of digital delivery is inoperative will be treated, for the purposes of Order 12, Rule 4B, as a period during which the public office at which the Clerk conducts business is closed.
Conditions for becoming digital user
13.(1) A natural person may not be authorised to become a digital user unless:
(i) such person has first submitted sufficient evidence of his or her identity which may, without limitation, include:
(a) production of the original or a certified copy of a relevant document (within the meaning of section 2 of the Statutory Declarations Act 1938);
(b) provision of the personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005) issued to the person;
(c) provision of proof of the person’s residential address, and
(ii) such person has undertaken to comply with any published terms and conditions of use of the network concerned for the purposes of digital delivery.
(2) A firm of solicitors or legal partnership may not be authorised to become a digital user unless:
(i) the firm or partnership has first submitted sufficient evidence of its establishment and standing;
(ii) the firm or partnership has submitted sufficient evidence of the identity of each natural person authorised on behalf of the firm to transmit court documents through the network by digital delivery;
(iii) the firm or partnership has undertaken to comply with any published terms and conditions of use of the network concerned for the purposes of digital delivery.
Additional conditions for use of the network
14.(1) The Chief Executive Officer of the Courts Service may, with the approval of the President of the Court in respect of proceedings in the Court, stipulate additional conditions for use of the network.
Documents transmitted by digital delivery
15.(1) Any court document transmitted by digital delivery by or on behalf of a party must:
(a) contain:
(i) the name and registered place of business of the solicitor for the party transmitting or delivering the same or, as the case may be,
(ii) the name and place of residence, or address for service, of any party suing or appearing in person;
(b) include the name of the natural person transmitting the court document concerned;
(c) where submitted otherwise than by the party himself or herself, include a statement that the court document is submitted with the authority of the party on whose behalf it is submitted.
(2) Any document other than a court document which is transmitted by or on behalf of a party by digital delivery as a copy in electronic form of an original document must have endorsed on or associated with such copy a certificate given by the party or by a named solicitor that the copy has been compared to, and is a true copy, of the original document.
(3) Where any court document is authorised to be filed or lodged by digital delivery:
(a) the court document must be accompanied by such information, if any, as is required under any conditions stipulated concerning digital delivery in accordance with rule 14;
(b) where a court fee is chargeable in respect of the court document, the court document may not be used unless and until payment of the applicable court fee is recorded by a means for the time being authorised for the recording of the payment of a court fee;
(c) the date of filing, lodgment or, as the case may be, issue of the court document shall, unless the contrary is proven, be deemed to be the date of filing, lodgment or, as the case may be, issue recorded in any record kept for the purpose by or on behalf of the Clerk or on the network and such date may be endorsed electronically on the court document and any copies by or on behalf of the Clerk and may be notified electronically through the network to the party concerned;
(d) for the purpose of fixing a return date for any originating document or notice of motion which requires a return date, and which is lodged for issue by digital delivery, a period of four days will, in any case in which service is necessary, be allowed, subject to the provisions of any order of the Court in that regard;
(e) any obligation or entitlement arising under these Rules to lodge or, as the case may be, to file a court document shall, unless the contrary is proved, be satisfied by the digital delivery of the document to the network and the issuance by the network of confirmation of lodgment or, as the case may be, filing;
(f) the network or the Clerk will alert digital users, prior to submission, where the filing, lodgment or issue of any court document is subject to checking by a court officer.
(4) Where the Clerk is satisfied that it is necessary to do so, he or she may:
(a) retransmit a court document, and may certify the date of issue of the court document concerned;
(b) deliver a printed copy of the court document concerned by delivery in hard copy, and may certify the date of issue of the court document concerned,
and in either such case, any party or person affected may, subject to and in accordance with any order or direction of the Court, proceed on a court document or copy of a court document certified in accordance with paragraph (a) or (b).
(5) Where any affidavit is for the time being authorised to be filed by digital delivery, the affidavit shall be transmitted in such electronic format as is accommodated by the network, and it shall be and remain the obligation of the party filing any such affidavit to retain the affidavit bearing the original manuscript signature of the deponent and any and all of the marked exhibits to the affidavit, which remain subject to the directions of any court before which such affidavit is, or may be, relied upon or opened.
(6) Where any written statement of evidence or written statement outlining the essential elements of evidence is authorised or required by any Practice Direction or any order or direction of the Court to be delivered and/or filed in any proceedings in which digital delivery is for the time being authorised, such statement may be delivered and/or filed by transmission through the network, but shall, if intended to be admitted into evidence, be subject to verification on oath or affirmation at the trial of the proceedings.
(7) Where any affidavit or any statement referred to in sub-rule (6) is for the time being authorised to be filed by digital delivery, Order 50A, rule 6 shall apply mutatis mutandis to any exhibits to such affidavit or statement.
Signature
16. Where any provision of these Rules or the existing practice of the Court requires that any court document or document be signed, such requirement may be satisfied in the case of any court document or document transmitted or to be transmitted by digital delivery by the inclusion of an electronic signature within the meaning of section 2 of the Electronic Commerce Act 2000 and/or Article 3 of Regulation 910/2014/EU, which is used in accordance with the requirements of that Act and/or that Regulation.
VI. Service of documents using digital delivery
Service of documents where digital delivery applies
17.(1) Where any provision of any enactment, of these Rules or the existing practice of the Court requires or permits that any court document or document be served upon any person, such requirement may be satisfied in any case where the person to be served is or becomes a digital user by the transmission by digital delivery of the court document or document through the network to the person concerned, and in any such case any record generated by or within the network of such transmission may be produced as evidence of such service in lieu of any statutory declaration of service. (Where the person to be served is not a digital user, such person shall be served with a printed copy of the court document or document in such other manner as is permitted in the circumstances by these Rules).
(2) Sub-rule (1) does not apply in any case where these Rules or the existing practice of the Court require personal service, but any requirement that a person being served personally with a court document be shown any original or copy of the court document shall, where the court document concerned has been issued by digital delivery, be satisfied by serving the person personally with a copy of the court document concerned and, at the same time, providing the person with a written statement that the court document concerned has been issued by digital delivery.
VII. Misuse of digital delivery network
Reference to Court
18.(1) Where a party alleges that another person has improperly used permissions available to a digital user to prejudice that party in any proceedings, the party aggrieved may apply to the Court by motion on notice, grounded on an affidavit, and the Court may make such order or give such directions as are just in the circumstances.
(2) Where a Clerk is concerned that a person has improperly used permissions available to a digital user to prejudice a party in any proceedings, the Clerk may refer the matter to the Court on notice to the parties concerned, and the Court may make such order or give such directions as are just in the circumstances.
[1] Order 39A inserted by S.I. 218 of 2025, effective 18 June 2025.
